Exhibit 1028
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`TaN eTV3
`EDITORIN CHIEF
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`EVENTH EDITION
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`RUIZ FOOD PRODUCTS, INC.
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`RUIZ FOOD PRODUCTS, INC.
`Exhibit 1028
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`Black’s Law Dictionary“
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`Seventh Edition
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`Bryan A. Garner
`Editor in Chief
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`
` SIMEeeeres
` auraraer
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`icanCORVEREEESeeasasaeseee
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`wealESEtraerwha
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`a
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`WES
`CROUP
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`ST. PAUL, MINN., 1999
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`:
`|
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`RUIZ FOOD PRODUCTS, INC.
`Exhibit 1028
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`RUIZ FOOD PRODUCTS, INC.
`Exhibit 1028
`
`

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`“BLACK'S LAW DICTIONARY”is a registered trademark of West
`in U.S. Patent and Trademark Office.
`Group. Registeredi
`0, 1933, 1951, 1957, 1968, 1979, 1990 WEST PUBLISHING CO.
`COPYRIGHT © 1891, 191
`COPYRIGHT © 1999 By WEST GROUP
`610 Opperman Drive
`P.O. Box 64526
`St. Paul, MN 55164-0526
`4-800-328-9352
`
`All rights reserved
`Printed in the United States of America
`ISBN 0-314-22864-0
`ISBN 0-314-24130-2—deluxe
`
`& TEXTISPRINTEDON 10%POST
`
`
`
` CONSUMER RECYCLED PAPER
`
`RUIZ FOOD PRODUCTS, INC.
`Exhibit 1028
`
`RUIZ FOOD PRODUCTS, INC.
`Exhibit 1028
`
`

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`counterclaim
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`352
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`, u
`
`usu. also a
`
`nsel.
`
`wney hired to
`rout. a lawsuit
`stigation; esp.,
`governmental
`2 alleged mis-
`r agency. See
`‘UTOR. Cf. spe-
`
`‘e lawyers em-
`termed house
`
`ger or lower-
`ieys employed
`esp. someone
`ant aspects of
`barrister who
`
`JNSEL.
`
`highly ranked
`ied; the lawyer
`case or cases,
`idistrict
`litiga-
`unsel; attorney
`ISEL. — Also
`
`yed by a party
`hough not the
`is employed to
`aanagement of
`on appeal. 2. A
`1 a law firm,
`mer, or associ-
`
`» COUNSEL.
`
`counsel. 2. See
`3EL.
`
`y employed by
`m to assist in a
`ylic interest so
`al attorney. Cf.
`
`ey who is ap-
`resent a pro se
`»fendant’s self-
`tandby counsel
`and guidance to
`self-representa-
`counsel.
`
`ho represents 4
`; often used 11
`sel. 2. Military
`
`353
`
`counsel, assistance of. See ASSISTANCE OF
`COUNSEL.
`
`counsel, right to. See RIGHT TO COUNSEL.
`
`counsel and procure. See AID AND ABET.
`
`counselof record. See ATTORNEY OF RECORD.
`
`counselor. See COUNSEL(2).
`
`count, n. Procedure. 1. The part of an indict-
`ment charging the suspect with a distinct of-
`fense. 2. In a complaint or similar pleading, the
`statement of a distinct claim. Cf. DECLARATION
`(7).
`
`“This word ... is in our old law-books used synonymous-
`ly with declaration .... But when the suit embraces two
`or more causes of action (each of which of course re-
`quires a different statement), or when the plaintiff
`makes twa or more different statements of one and the
`same cause of action, each several statementis called a
`count, and all of them, collectively, constitute the decla-
`ration.” 1 John Bouvier, A Law Dictionary 245 (1839).
`
`common count. Hist. In a plaintiffs plead-
`ing in an action for debt, boilerplate language
`that is not founded on the circumstances of
`the individual case but is intended to guard
`against a possible variance and to enable the
`plaintiff to take advantage of any ground of
`liability that the proof may disclose. @ In the
`action for indebitatus assumpsit, the common
`count stated that defendant had failed to pay
`a debt as promised. See indebitatus assumpsit
`under ASSUMPSIT.
`
`general count. A count that states the plain-
`tiffs claim without undueparticularity.
`money count. Hist. A count, usu. founded on
`a simple contract, giving rise to a claim for
`payment of money.
`“Simple contracts, express or implied, resulting in mere
`debts, are of so frequent occurrence as causes ofaction,
`that certain concise forms of counts were devised for
`suing upon them, These are called the ‘indebitatus’ or
`‘money counts.’” 2 Stewart Rapalje & Robert L. Law-
`rence, A Dictionary of American and English Law 833
`(1883),
`
`multiple counts. Several separate causes of
`action or charged offenses contained in a sin-
`gle pleading or indictment.
`omnibus count (ahm-ni-bes). A count that
`combines in into one count all money claims,
`claims for goods sold and delivered,claims for
`work and labor, and claims for an account
`Stated.
`iescote count. One of two or more crimi-
`nal cha?ges contained in one indictment, each
`
`
`
`es a case on the
`
`charge constituting a separate indictment for
`which the accused maybetried.
`several count. One of two or more counts in
`a pleading, each of which states a different
`cause of action.
`
`special count. A section of a pleading in
`whichtheplaintiff's claim is stated with great
`particularity — usu. employed only when the
`pleading rules require specificity.
`
`3. Hist. The plaintiffs declaration, or initial
`pleading, in a real action. See DECLARATION(7).
`4. Patents. The part of a patent application
`that defines the subject matter in a priority
`contest (i.e., an interference) between two or
`more applications or between one or more ap-
`plications and one or more patents. See INTER-
`FERENCE (2).
`
`count, vb. 1. In pleading, to declare or state; to
`narrate the facts that state a claim. 2. Hist. To
`plead orally; to plead or argue a case in court.
`
`counter. Hist. An advocate or professional
`pleader; one who counts(i.e., orally recites) for
`a client, ® Counters had coalesced into an iden-
`tifiable group practicing before the Common
`Bench by the beginning of the 13th century.
`They were the leaders of the medieval
`legal
`profession, and over time came to be known as
`serjeants at law. — Also spelled countor; contor;
`counteur. See SERJEANT AT LAW.
`
`counteraction. See COUNTERCLAIM.
`
`counteraffidavit. See AFFIDAVIT,
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`counterbond.See BOND(2).
`
`counterclaim, n. A claim for relief asserted
`against an opposing party after an original
`claim has been made; esp., a defendant’s claim
`in opposition to or as a setoff against the plain-
`tiff’s claim. — Also termed counteraction; coun-
`tersuit; cross-demand. — counterclaim, vb. —
`counterclaimant, n. Cf. CROSS-CLAIM.
`“Under [Fed. R. Civ. P.] Rule 13 the court has broad
`discretion to allow claims to be joined in order to expe-
`dite the resolution of all controversies between the par-
`ties in one suit. Rule 13(c) specifically provides that the
`counterclaimantis not limited by recovery sought by the
`opposing party but may claim relief in excess of that
`amount, Further, the general
`legal rule is that it
`is
`immaterial whether a counterclaim is legal or equitable
`ior purposes of determining whether
`it properly is
`brought under Rule 13.... The expectation is that this
`liberal joinderpolicy will further the elimination ofcircu-
`ity of action and multiple litigation.” 6 Charles Alan
`Wrightet al., Federal Practice and Procedure § 1403, at
`15-16 (2d ed. 1990).
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`RUIZ FOOD PRODUCTS, INC.
`Exhibit 1028
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`RUIZ FOOD PRODUCTS, INC.
`Exhibit 1028
`
`

`

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`counterclaim
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`compulsory counterclaim. A counterclaim
`that must be asserted to be cognizable, usu.
`because it relates to the opposing party’s
`claim andarises out of the same subject mat-
`ter. @ If a defendantfails to assert a compul-
`sory counterclaim in the original action, that
`claim may not be brought in a later, separate
`action (with some exceptions).
`permissive counterclaim. A counterclaim
`that need not be asserted to be cognizable,
`usu. becauseit does not arise out of the same
`subject matter as the opposing party’s claim
`or involves third parties over which the court
`does not have jurisdiction. ¢ Permissive coun-
`terclaims may be brought in a later, separate
`action.
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`counterdeed. See DEED.
`
`counterfeisance (kown-tar-fee-zents). Archaic.
`The act of counterfeiting.
`
`imitate
`copy, or
`counterfeit, vb. To forge,
`(something) without a right to do so and with
`the purposeof deceiving or defrauding; esp., to
`manufacture fake money (or other security)
`that might be used in place of the genuine
`article. @ Manufacturing fake food stamps is
`considered
`counterfeiting. — counterfeit,
`n. — counterfeit, adj.
`“Literally a counterfeit is an imitation intended to pass
`for an original. Hence it is spurious or false, and to
`counterfeit is ta make false. For this reason the verbs
`counterfeit and forge are often employed as synonyms
`and the sameis true to some extent of the corresponding
`nouns. No error is involyed in this usage but
`it
`is
`important to distinguish between the words as far as
`possible when used as the labels of criminal offenses. In
`the mostrestricted sense, [cJounterfeiting is the unlaw-
`ful making of false money in the similitude of the genu-
`ine. At one time under English statutes it was made
`treason. Under modern statutesit is a felony.” Rollin M.
`Perkins & Ronald N. Boyce, Criminal Law 431-32 (3d
`ed, 1982).
`
`counterfeiter. A person who makes an unau-
`thorized imitation of something (esp. a docu-
`ment, currency, or another’s signature) with
`the intent to deceive or defraud.
`
`(kown-tar-foyl), 2. A detachable
`counterfoil
`part of a writing on which the particulars of
`the main part are summarized. ¢ The most
`common example is a check stub, on which the
`date, the payee, and the amount are typically
`noted.
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`counterletter. Civil law. A document by which
`a record owner of real property acknowledges
`
`™
`that another actually owns the property. @
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`354
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`Counterletiers are used when thepropertyis to
`be reconveyed after a period. See simulated
`contract under CONTRACT.
`
`countermand (kown-ter-mand), n. An action
`that has the effect of voiding something previ-
`ously ordered; a revocation. — countermand
`(kown-tar-mand or kown-), vd.
`
`counteroffer, n. Contracts. An offerce’s new
`offer that varies the terms of the original offer
`and that therefore rejects the original offer. —
`counteroffer, vb. — counterofferor, n. See
`MIRROR-IMAGE RULE.
`
`counterpart. 1. In conveyancing, a correspond-
`ing part of an instrument <the other half of
`the indenture — the counterpart — could not
`be found>. 2. One of two or more copies or
`duplicates of a legal
`instrument <this lease
`may be executed in any numberof counter.
`parts, each ofwhich is considered an original>.
`“Formerly ‘part’ was used as the opposite of ‘counter-
`part,’ in respect to covenants executed in duplicate, but
`now each copy is called a ‘counterpart.’ 2 Stewart
`Rapalje & Robert L. Lawrence, A Dictionary ofAmerican
`and English Law 927 (1883),
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`counterpart writ. See WRIT.
`
`counterpromise, n, A promise made in ex-
`changefor another party’s promise <a promise
`supported by a counterpromise is binding in its
`inception>, — counterpromise,vb,
`
`counter-roll. Hist. A reeord kept by an officer
`as a check on anotherofficer’s record, esp. the
`rolls maintained by a sheriff and a coroner.
`
`countersign, vb. To write one’s own namenext.
`to someone else’s to verify the other signer’s
`identity. — countersignature,n.
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`countersuit. See COUNTERCLAIM.
`
`countertrade. A type of international trade in
`which purchases made by an importing nation
`are linked to offsetting purchases made by the
`exporting nation.
`“Countertrade is barter in modern clothes. It developed
`rapidly as a form of doing business with the USSR and
`Eastern European nations in the 1970s and 1980s, before
`the major economic and political reforms tended to di-
`minish its emphasis as a means of doing business.”
`Ralph H. Folsom & Michael W. Gordon, International
`Business Transactions § 2,1, at 46 (1995)
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`RUIZ FOOD PRODUCTS, INC.
`Exhibit 1028
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`countervailable subsidy (kown-ter-vayl-a-bol
`
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`sob-se-dee). A foreign government's subsidy on
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`RUIZ FOOD PRODUCTS, INC.
`Exhibit 1028
`
`